Dr. Gregory A. McCordChief Student Services Officer

Beaufort County School District

Grounds for which trustees may expel, suspend, or transfer pupils; petition for readmission; expulsion, suspension, or transfer.

(A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year. Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section do not preclude enrollment and attendance in any adult or night school.

(B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B).

HISTORY: 1962 Code Section 21-771; 1973 (58) 407; 2001 Act No. 59, Section 8.

Expulsion for remainder of year; hearings.

The board may expel for the remainder of the school year a pupil for any of the reasons listed in Section 59-63-210. If procedures for expulsion are initiated, the parents or legal guardian of the pupil shall be notified in writing of the time and the place of a hearing either before the board or a person or committee designated by the board. At the hearing the parents or legal guardian shall have the right to legal counsel and to all other regular legal rights including the right to question all witnesses. If the hearing is held by any authority other than the board of trustees, the right to appeal the decision to the board is reserved to either party. The hearing shall take place within fifteen days of the written notification at a time and place designated by the board and a decision shall be rendered within ten days of the hearing. The pupil may be suspended from school and all school activities during the time of the expulsion procedures. The action of the board may be appealed to the proper court. The board may permanently expel any incorrigible pupil.

HISTORY: 1962 Code Section 21-774; 1973 (58) 407.

Assures correctness of decisions Assures confidence for decisions Assures a rationale for decisions Justifies the expertness of the decision

Cases commonly referred to by the courts in issuing decisions for schools up for review

Cases that set the direction for District Policy and Code of Conduct manuals

Cases that generally guide Administrators in the performance of duties

Student was caught smoking in the bathroom and denied having or possessing cigarettes

Drugs, drug paraphernalia, and items indicating drug sales were discovered during a search for the cigarettes

Family sued citing illegal search as well as move to strike items found other than what was initially being sought

Courts ruled “ schools have a right to protect minors while at school and to make rules to handle those that break policy, henceforth reasonable suspicion was discovered”

Essentially began as a result of a suspension handed down with no clear or formal hearing with the student

Requires due process for all suspensions and expulsions for the accused

Due process emanates from the 10th amendment which grants states the right to make laws not otherwise mentioned in the U.S. Constitution. Education is not addressed in the Constitution giving states the right to govern schools

State Departments of Education and local school boards govern the process of education

School boards do so through a Superintendent, District Supervisors, and School Administrators

The 14th amendment protects “life, liberty, and property without due process of the law”.

Education is viewed as a property right.

Suspension of pupils by administrator.

Any district board may confer upon any administrator the authority to suspend a pupil from a teacher's class or from the school not in excess of ten days for any one offense and for not more than thirty days in any one school year but no such administrator may suspend a pupil from school during the last ten days of a year if the suspension will make the pupil ineligible to receive credit for the school year without the approval of the school board unless the presence of the pupil constitutes an actual threat to a class or a school or a hearing is granted within twenty-four hours of the suspension.

HISTORY: 1962 Code Section 21-772; 1973 (58) 407.

Notices of suspensions; conferences with parents or guardian.

When a pupil is suspended from a class or a school, the administrator shall notify, in writing, the parents or legal guardian of the pupil, giving the reason for such suspension and setting a time and place when the administrator shall be available for a conference with the parents or guardian. The conference shall be set within three days of the date of the suspension. After the conference the parents or legal guardian may appeal the suspension to the board of trustees or to its authorized agent.

HISTORY: 1962 Code Section 21-773; 1973 (58) 407.

Flowchart and Packet Checklist

Before Hearing- Hearing Officer Letter and

Suspension Letter from School

Make recommendations with the mindset that this may not be the last time you have to present the case

Keep in mind that hearings are held based on recommendations for expulsions, not definitely going to be expelled!

Refrain from making personal biases in your presentations, stick to the facts and require this of all present.

Maintain a quick reference of the points for the recommendation prior to beginning with your presentation (ex. Statements, police reports etc.)

All interventions that included the student and family needs to be discussed always to include dates, times, etc.

If findings not previously mentioned in the pre-expulsion hearing need clarifications, do so before the hearing begins.

Statements from students, teachers or administrators involved with the should be included and presented during the hearing.. On a side note as it relates to student statements, the courts have generally sided with unsigned or unidentified statements from students for their protection against retaliation. All questions are directed to hearing officer first.

Teacher Statement Form

Student grades, attendance and teacher comments are discussed during hearing proceedings, make sure all documentation is accurate and bias-free

Verify addresses that notices will be delivered Mail decisions vs. providing immediate decisions Reiterate your district’s legal notice and appeal

process Recommended, have a de-briefing with the

school’s administration. All students and staff need rules to adhere by

while in public schools, therefore enabling a safe and secure campus can ensure fairness and avoid potential disparate treatment.

After Hearing – Decision Letters and

Behavior Contract Templates

Barring enrollment of student; grounds; notice and hearing; duration of bar.

(A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees necessary for first time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60, adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not considered to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district.

(B) If the board bars a student from enrolling pursuant to this section, notice must be provided to the student's parent or legal guardian and the student is entitled to a hearing and all other procedural rights afforded under state law to a student subject to expulsion.

(C) The bar to enrollment allowed by this section applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment and the board shall order the student enrolled if he otherwise meets enrollment criteria.

HISTORY: 1992 Act No. 506, Section 1; 1993 Act No. 117, Section 2.

Expulsion of student determined to have brought firearm to school.

The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. The expulsion must follow the procedures established pursuant to Section59-63-240. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.

HISTORY: 1995 Act No. 39, Section 1.

Dr. GREGORY A. MCCORD

gregory.mccord@beaufort.k12.sc.us

843-321-7631